It is permissible for a husband to write over a portion of his property to his wife in exchange for a debt she has
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Fatwa No. ( 1972 )
Q: I married my cousin’s daughter twenty-five years ago. I was fifteen years old at the time, and so was she. Throughout this life, I was very strict with her in all my dealings, in commanding and forbidding. She was patient with me and answered me with obedience. She had some money inherited from her mother and given to her by her brothers, and she handed over to me all the cash and gold she had, as I was poor at that time. Ten years have passed without us being blessed with children, which led us to present ourselves to specialists in fertility. They informed me that there is nothing wrong with me. I offered her the chance to be released from the marriage,
Perhaps Allah would grant her children, but she refused, as she was a righteous woman who hoped for what is with Allah through this matter. The amount I have for her is thirty thousand riyals, and I have gifted her thirty thousand riyals, bringing the total to sixty thousand riyals. Please note that I have become wealthy, by the grace of Allah and then through her cooperation with me. Since I have a considerable fortune, namely two houses, one in Riyadh and the other in al-Qaw'iyyah , I offered to sell her one of them for the cash I have for her , and if there is a surplus, she can pay it to me, and if she is unable to, she can be forgiven. She has requested a ruling on this matter: does the Shari'ah permit this action while I am in good health and of sound mind? Please note that Allah does what He wills with His servant; perhaps Allah will grant us children. Please issue a ruling on this, and may Allah guide you.
A: If the situation is as you described, that you gave your wife the cash and gold she had with you, amounting to thirty thousand riyals, and that you gifted her thirty thousand riyals as an honor for her good conduct and her willingness to remain with you in the marital relationship, and that this was done while you were in good health, of sound mind, and of sound judgment—then your action in this regard is valid and recognized by the Shari'ah. There is no harm in writing over to her one of your two houses for that amount, as long as it is by mutual agreement between you and you are both in a state of health and sound judgment. And if you forgive her the amount by which the price of the house exceeds what she has with you, which is (60,000) riyals, then your forgiveness of her in
that matter is valid and effective as long as you are in good health and of sound mind. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I married my cousin’s daughter twenty-five years ago. I was fifteen years old at the time, and so was she. Throughout this life, I was very strict with her in all my dealings, in commanding and forbidding. She was patient with me and answered me with obedience. She had some money inherited from her mother and given to her by her brothers, and she handed over to me all the cash and gold she had, as I was poor at that time. Ten years have passed without us being blessed with children, which led us to present ourselves to specialists in fertility. They informed me that there is nothing wrong with me. I offered her the chance to be released from the marriage,
Perhaps Allah would grant her children, but she refused, as she was a righteous woman who hoped for what is with Allah through this matter. The amount I have for her is thirty thousand riyals, and I have gifted her thirty thousand riyals, bringing the total to sixty thousand riyals. Please note that I have become wealthy, by the grace of Allah and then through her cooperation with me. Since I have a considerable fortune, namely two houses, one in Riyadh and the other in al-Qaw'iyyah , I offered to sell her one of them for the cash I have for her , and if there is a surplus, she can pay it to me, and if she is unable to, she can be forgiven. She has requested a ruling on this matter: does the Shari'ah permit this action while I am in good health and of sound mind? Please note that Allah does what He wills with His servant; perhaps Allah will grant us children. Please issue a ruling on this, and may Allah guide you.
A: If the situation is as you described, that you gave your wife the cash and gold she had with you, amounting to thirty thousand riyals, and that you gifted her thirty thousand riyals as an honor for her good conduct and her willingness to remain with you in the marital relationship, and that this was done while you were in good health, of sound mind, and of sound judgment—then your action in this regard is valid and recognized by the Shari'ah. There is no harm in writing over to her one of your two houses for that amount, as long as it is by mutual agreement between you and you are both in a state of health and sound judgment. And if you forgive her the amount by which the price of the house exceeds what she has with you, which is (60,000) riyals, then your forgiveness of her in
that matter is valid and effective as long as you are in good health and of sound mind. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.